In committee
PERMIT Act
This bill eases Clean Water Act permitting rules and limits federal and state regulatory authority over energy, construction, and agricultural activities. It extends maximum water discharge and dredge-and-fill permit terms from 5 to 10 years, exempts agricultural stormwater, approved pesticide spraying, and wildfire retardant from standard discharge permits, and excludes ephemeral streams, groundwater, and farm drainage from federal jurisdiction. Additionally, it narrows states' power to deny or condition water quality certifications for interstate energy projects, imposes shorter deadlines and stricter standing requirements on legal challenges against approved permits, and restricts the Environmental Protection Agency’s ability to veto Army Corps development permits after they are issued.
People affected—Not determinable from the text; the bill broadly alters federal environmental permitting frameworks and regulatory jurisdiction affecting nationwide infrastructure, municipal, and agricultural entities rather than an enumerated group of individuals.
Fiscal magnitude—no CBO estimate published
Reach74provisional · pending reviewrigor: heuristic llm
What this bill touches.
Pollution & development−70Courts & liability−60Federal vs. state/localFarm policy & subsidies−30
Who it helps · who it burdens.
Who it helps
- Industrial and municipal point source discharge permitteesExtends NPDES permit terms from 5 to 10 years (Sec. 7), expands the permit shield defense to cover unlisted pollutants disclosed during application or present in identified processes (Sec. 8(a)), requires EPA and states to consider technology costs and commercial availability when setting criteria and effluent limits (Sec. 2(b), Sec. 4), and requires water quality-based limits to provide clear numerical limits or actions (Sec. 8(b)).
- Agricultural producers and farmersExempts precipitation-driven stormwater runoff and subsurface drainage from Clean Water Act discharge permits (Sec. 10), exempts approved pesticide applications from discharge permits (Sec. 11), excludes prior converted cropland and ephemeral features from the definition of navigable waters (Sec. 20), and raises aboveground oil storage capacity thresholds that exempt farms from Spill Prevention, Control, and Countermeasure rules (Sec. 21).
- Energy pipeline and linear infrastructure developersMandates 10-year nationwide Section 404 permits for linear infrastructure and pipeline projects (Sec. 13), exempts nationwide permit reissuances from Endangered Species Act consultations (Sec. 13), limits Section 401 water quality certification reviews strictly to direct point source discharge compliance (Sec. 5), and imposes tight 30-day filing deadlines and strict economic-harm standing requirements for lawsuits challenging interstate energy project certifications (Sec. 5).
- Mining and resource extraction operatorsRevises compensatory mitigation regulations to credit activities under approved reclamation plans toward aquatic mitigation requirements, take into account the temporary nature of impacts, consider existing financial assurances, and authorize the sale or transfer of surplus mitigation credits (Sec. 18).
- State environmental agencies administering or seeking dredge-and-fill permit programsRatifies state-administered Section 404 dredge-and-fill permit programs in Michigan, New Jersey, and Florida and prevents EPA from revoking them without an Act of Congress (Sec. 16), while requiring EPA to streamline regulations and adhere to a 45-day deadline for requesting additional info on state program assumption requests (Sec. 14, Sec. 17).
Who it burdens
- State and interstate water quality certifying agenciesLimits Section 401 review authority to direct discharges and compliance with enumerated Clean Water Act sections, requires publication of certification requirements within 30 days, mandates written deficiency notices within 90 days, removes state authority to directly enforce certification conditions attached to federal licenses, and requires states to evaluate cost-effectiveness and technology availability when setting water quality standards (Sec. 2(a), Sec. 5).
- Environmental and community litigants challenging Clean Water Act permitsRestricts legal challenges against Section 404 permits and state program approvals by establishing a 60-day filing deadline, limiting standing solely to parties who filed detailed administrative comments on the specific issue, and prohibiting courts from vacating or halting permits on remand unless there is imminent and substantial danger to human health or the environment (Sec. 15).
- Environmental Protection AgencyBars EPA from prohibiting or restricting Section 404 dredge-and-fill disposal sites before an application is submitted or after the Army Corps issues a permit (Sec. 12), and prohibits EPA from withdrawing approval of Section 404 programs in Michigan, New Jersey, and Florida without congressional action (Sec. 16).